This eSurfing Cloud Peer to Peer Connection Service Agreement is entered into between the user ("Party A" or the "Customer") and China Telecom (“Party B”). Party B shall provide the eSurfing Cloud Peer to Peer Connection Services to Party A through the eSurfing Cloud Website (www.esurfingcloud.com, the “Site” or “eSurfing Cloud”) in accordance with this Agreement. Party A shall use the eSurfing Cloud Peer to Peer Connection Services in accordance with this Agreement.

Before using the eSurfing Cloud Peer to Peer Connection Services, Party A should fully read, understand and agree to accept and abide by this Agreement. By clicking the ‘agree’ button, or otherwise expressing or implying to accept this Agreement, or actually using the Peer to Peer Connection Services in any way, Party A agrees to and accepts this Agreement in whole, and this Agreement shall become a legally binding document between the Parties. If Party A does not agree to accept this Agreement, it shall not use the eSurfing Cloud Peer to Peer Connection Services.

Article 1   Product and Service Description

Party B provides the Peer to Peer Connection Services (hereinafter the “Services”) to Party A under the terms and conditions of this Agreement. CT-PPC, or Peer to Peer Connection, is a network connection between two Virtual Private Clouds (“VPCs”) in the same area. The Customer may use a private IP address to communicate on the intranet between two VPCs as if the two VPCs were on the same network. The Customer may create a peer-to-peer connection between its own tenant’s VPCs, or between its own tenant’s VPCs and those of other tenants in the same region. Connections between public and private cloud VPCs are supported.

Article 2   Service Activation

2.1 After carefully reading the Service Rules corresponding to the purchased service, Party A can purchase the required service online through the Site according to its own needs, or have the account manager assist in activating it at the service console. After the service is activated, Party A can log in to the Site and complete the configuration and operation of the Services in the management console.

2.2 If there is any inconsistency in the text of this Agreement, attachments, Service Rules, service descriptions, price descriptions, confirmation terms on the order page, they shall be appliable on the following order of precedence: (1) service descriptions and price descriptions on the relevant webpages on the Site, and confirmation terms on the order page, (2) Service Rules, (3) the text of this Agreement, and (4) the attachments to this Agreement.

Article 3   Service Fees

3.1 The Services are free of charge.

Article 4   Service Specifications

4.1 The Customer understands and agrees that the use of the Services is its sole decision made after it has exercised independent and careful judgement, and that the Customer shall be responsible for its own judgement and operations, including but not limited to:

4.1.1 The Customer shall exercise its own judgment on whether it needs the VPC peer to peer connection to connect to the VPC network. The Customer shall be responsible for the cybersecurity between the connected VPCs. Party B will not provide additional security protection capabilities for the Services;

4.1.2 The Customer shall ensure that it has the permissions to perform operation on specified services/products. The performance of the said operations by the Services as instructed by the Customer shall be deemed to have been authorized by the Customer, and the Customer shall be solely responsible for all such operations and the consequences thereof;

4.1.3 The Customer shall be responsible for its own operations (such as establishing connections, accepting connections, configuring routes)；

4.1.4 Unless otherwise agreed by the Parties, if the Customer uses other eSurfing Cloud services along with the Services, the Customer shall pay the service fee to Party B as set forth in the fee schedule for such other services and comply with the service terms thereof;

4.2 Dependence and Impact of Product Effectiveness

4.2.1 In general, during its use of the Services, if the Customer needs other eSurfing Cloud services (such as NAT gateway, dedicated access, elastic Ips, or shared bandwidth), it shall activate, subscribe to, and pay separately for such infrastructure products (such as NAT gateway, dedicated access, elastic Ips, or shared bandwidth), and Party B will provide services in accordance with the terms of service and service level agreements for such infrastructure products.

4.2.2 The Services function on the basis of infrastructure services such as VPCs, elastic cloud servers. Therefore, the unavailability or termination of such services based on which the Customer activates the Services will lead to a malfunction of the Services.

Article 5   Party A’s Rights and Obligations

5.1 Party A has the right to use the Services and obtain technical support and after-sales service from Party B in accordance with this Agreement.

5.2 Party A shall provide Party B with necessary technical parameters, including but not limited to elastic IP bandwidth, the billing mode selected and binding instances, actively cooperate with Party B to complete the implementation and commissioning of the Peer to Peer Connection Services project to ensure the normal operation of the Services.

5.3 Party A understands and agrees that, out of concern about Party A’s data and system security, when Party A requires Party B’s engineers to directly operate its Peer to Peer Connection Services, Party A should authorize it by email, ticket, and other means. Party A shall designate the only contact person as the authorizer (maintainer) who shall authorize Party B when necessary, which means that only the authorizer has the right to require Party B’s engineers to operate its Peer to Peer Connection Services. Party A is only responsible for the availability of the Peer to Peer Connection itself, and the binding relations between the Peer to Peer Connection and other cloud products / instances are the responsibility of Party B. In addition, during the period of authorization, if Party A fails to communicate with Party B’s engineers and conducts operations on its own, the business unavailability and other risks resulting from such failure shall be borne by Party A.

5.4 When Party A uses the Services, it shall back up data and bear the risk of data loss, omission, or damage caused by its own reasons, and Party B shall not be liable for this.

5.5 If Party A violates any of the warranties in this Agreement, the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, including but not limited to the following circumstances, Party A shall bear the corresponding liability for breach of contract:

5.5.1 Where Party A does not have all the qualifications and permits required to carry out business and perform relevant procedures when signing this Agreement, or loses all or part of its qualifications and permits during the validity period of this Agreement, Party B has the right to suspend the provision of cloud business services and require Party A to make corrections within the time limit. If Party A fails to make corrections within the time limit, Party B has the right to terminate this Agreement without assuming any responsibility. Party A shall bear the liability for breach of contract and compensate Party B for the corresponding losses;

5.5.2 Where Party A uses the Peer to Peer Connection to upload, download, store, and publish content that violates laws and regulations, departmental regulations, or national policies, and information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, public security, and public morals;

5.5.3 Where Party A carries out fraudulent and misleading behaviors such as gambling prizes and gambling games, or conducts Internet activities such as "private servers" and "plug-ins" that infringe on the intellectual property rights or other legitimate rights and interests of others;

5.5.4 Where Party A conducts malicious scanning, illegal intrusion into the system, illegal acquisition of data and other behaviors that damage or attempt to damage network security;

5.5.5 Where Party A runs irrelevant programs or intentionally writes malicious codes, resulting in a large amount of server memory, CPU or IP resources, and network bandwidth resources to be occupied/preempted;

5.5.6 Where Party A engages in any activities including but not limited to "DNS resolution", "security services", "domain name proxy", "reverse proxy" that may cause users to be frequently attacked (including but not limited to DDoS attacks), thereby affecting the eSurfing Cloud service platform or others.

5.6 Party A understands and fully recognizes that although Party B has established (and will continue to improve according to technological development) necessary technical measures to defend against matters or behaviors that endanger network security including computer viruses, network intrusions and attack damage (including but not limited to DDoS) (hereinafter collectively referred to as such Behavior), however, in view of the limitations and relativity of network security technology and the unpredictability of such Behavior, if Party A’s account experiences such Behavior, which does harm to Party B or Party B’s network or server (including but not limited to local, foreign and international networks, servers), or affects the smooth communication between Party B and the Internet or between Party B and specific networks, servers, and Party B’s internal communications, Party B has the right to decide to suspend or terminate the Services. If a major network accident is caused to Party B for reasons attributable to Party A, Party B will reserve the right to claim compensation from Party A. If a crime is involved, Party A shall bear criminal responsibility according to the laws.

If Party B terminates the provision of the Services to Party A due to reasons set out in the above clauses (other than due to breach by Party A), Party B will calculate the service fee based on the actual number of days used by Party A, and return the remaining payment (if any) to Party A's eSurfing Cloud account.

5.7 Party A shall be responsible for the integrity and confidentiality of the data stored on the eSurfing Cloud platform and the codes and passwords for entering and managing various products and services on the eSurfing Cloud platform, and shall take necessary and effective confidentiality and security protection measures, including but not limited to standardizing permission administration for data access and account use, setting strong passwords and changing them regularly. Party A shall bear the losses and consequences caused by the loss or leakage of the above-mentioned data, codes, passwords, and alike due to improper maintenance or confidentiality by Party A.

5.8 Party A must keep the access log records of its website in accordance with the provisions of the Network Security Law, the Administrative Measures on Internet Information Services and other laws and regulations, including the content of the published information, the time of publication, and the Internet Protocol address (IP), domain names, and alike, which shall be provided to the relevant state agency when it requires according to the law. Party A shall bear the corresponding legal liabilities arising from failure to keep relevant records as required.

Article 6   Party B's Rights and Obligations

6.1 Party B shall provide the Services in accordance with this Agreement.

6.2 Party B shall provide paying Customers with a 24/7 after-sales hotline (+852 3100 0000), consulting services and online ticket services to answer and deal with the Customers' problems encountered in the use of eSurfing Cloud Computer Services.

6.3 After Party B provides fault acceptance service to Party A, the response time shall not exceed 30 minutes; after Party B provides non-fault acceptance service to Party A, the response time shall not exceed 12 hours.

6.4 After Party B provides Party A with fault acceptance or non-fault acceptance services, it will provide Party A with technical support according to the specific situation and Party A's needs, except for the relevant faults or problems that are caused by Party A's human errors and/or force majeure, and other matters out of the control of Party B.

6.5 Party B will take basic security protection measures for its systems and equipment in accordance with laws and regulations. If Party A has higher requirements for security protection measures than the aforementioned basic security protection measure standards, Party A shall purchase and configure higher security protection services or configure other security protection software and systems according to its own needs. If Party A fails to take necessary and effective security protection measures for the computer information systems and equipment it uses, Party A shall be solely responsible for damages to its rights and interests.

6.6 Party B shall provide availability warranty within the Service Rules. If Party A's requirements for availability are higher than the Service Rules, Party A needs to actively deploy its own system with high availability, and Party B can provide necessary assistance. If Party B is required to cooperate in planning and design, the Parties shall negotiate and confirm separately.

6.7 In order to provide better services, Party B has the right to overhaul, maintain, upgrade and optimize the service platform or related equipment, systems, software, etc. on a regular or irregular basis (collectively referred to as "Routine Maintenance"). If eSurfing Cloud Computer Services are interrupted or suspended within a reasonable time because of Routine Maintenance, Party B shall not be liable for it. However, Party B shall notify Party A of Routine Maintenance at least 24 hours in advance. In case of non-Routine Maintenance due to force majeure, third-party reasons, and so forth, Party B shall notify Party A in time.

6.8 Party B has the right to adjust the system default configuration of the Services at any time according to its own operating arrangements, and relevant adjustments do not constitute a breach of contract by Party B. However, Party B shall notify Party A at least 30 days in advance, and Party A shall provide assistance (including but not limited to Party A's timely transfer and backup of relevant data, business adjustments, and authorization of Party B's adjustments). If Party A fails to assist in the adjustment in time after receiving the notice, or Party B is unable to contact Party A, Party A shall bear the consequences arising therefrom. In case of service adjustment or termination due to force majeure, third-party reasons, and so forth, Party B shall notify Party A in a timely manner.

6.9 Party B has the right to adjust the implementation method, main functions, fees etc. of the product according to objective factors such as cloud service technological evolution, technical architecture adjustment, and marketing. When Party B adjusts the fees or important product functions, it shall issue a notice on the official website of eSurfing Cloud at least 15 days in advance, and Party A has the right to decide whether to continue to use the product. Under the Payment in Advance / Payment in Arrears modes, the price of the pay-as-you-go ("PAYG") product will automatically change on the basis of the price adjustment of Party B. The price of the annual/monthly subscription product will not change if the order is not changed/expired, and the price will be changed on the basis of the price adjustment of Party B after the order is changed/expired. When the use of Party A is affected by Party B’s price adjustment or major function adjustment, Party A may stop using the PAYG billing product at any time, and Party A may apply to unsubscribe the annual/monthly billing products pursuant to Party B’s unsubscription rules, which may be consulted with at the eSurfing Cloud customer service hotline.

Article 7   Party A’s Business Data

7.1 The services provided by Party A through eSurfing Cloud, and the data processed, stored, uploaded, downloaded, distributed, and processed by other means are all user business data of Party A.

7.2 Apart from implementing Party A's service requirements, Party B will not make any unauthorized use and disclosure, except in the following circumstances:

7.2.1 When the relevant national authorities inquire or read user business data according to law, Party B has the obligation to provide cooperation in accordance with relevant laws and regulations or the requirements of competent authorities, and to disclose to third parties or administrative, judicial and other institutions;

7.2.2 Party A and Party B agree separately through negotiation.

7.3 Party A can delete and change its own user business data by itself, but it should be done with caution. If Party A releases the service or deletes the data, Party B will no longer retain the data according to Party A's instructions.

7.4 When the service period expires, the Services are terminated early (including early termination due to mutual agreement, early termination caused by other reasons, etc.) or Party A owes fees, unless otherwise specified by laws and regulations, required by the competent department or otherwise agreed by the Parties, Party B only continues to store Party A's user business data (if any) within a certain buffer period. The buffer period is subject to the Service Rules, product documents, and service descriptions applicable to the services ordered by Party A. Party B will delete the data when the buffer period expires. All user business data, including all cached or backup copies.

7.5 Once the user business data is deleted, it cannot be recovered; Party A shall bear the consequences and responsibilities caused by the deletion of the data. Party A understands and agrees that Party B has no obligation to continue to retain, export or return the user business data.

Article 8   Term and Termination of the Agreement

8.1 This Agreement becomes effective from the date when Party A successfully purchases or applies for activation of the product, and terminates when the subscription service period of Party A expires, unless otherwise agreed by the Parties.

8.2 This Agreement may be terminated earlier if the Parties reach a consensus.

8.3 Party B has the right to terminate this Agreement under the following circumstances:

8.3.1 According to the requirements of laws and regulations or government agencies;

8.3.2 Where Party B believes that continuing to provide services to Party A will cause huge economic or technical burdens or major security risks to Party B;

8.3.3 Due to any legal or policy changes, it is not practical for Party B to continue to provide services to Party A;

8.3.4 Where Party A fails to pay relevant fees in full and on time;

8.3.5 Where Party A violates the eSurfing Cloud Website User Agreement, the eSurfing Cloud Service Agreement, the eSurfing Cloud Legal Statement or the eSurfing Cloud Privacy Policy; 

8.3.6 Where Party A violates other terms of this Agreement.

8.4 Except as stipulated in Article 8.3, if Party B terminates this Agreement according to this Agreement, Party B will calculate the service fee based on the actual number of days used by Party A, return the remaining payment (if any) to Party A's eSurfing Cloud account, and reserve the right to pursue liabilities from Party A for its breach of contract.

8.5 Party B may terminate the Services by publishing an announcement on the Site, or by sending Party A an internal notice or a written notice 30 days in advance, at which time, Party B shall return the amount paid by Party A but not consumed (without interest) to Party A's eSurfing cloud account.

8.6 If any clause in this Agreement is completely or partially invalid or unenforceable for any reason, the rest of the clauses in this Agreement shall still be valid and binding.

Article 9   Others

9.1 The termination of this Agreement will not affect the effectiveness of the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement between Party A and Party B. If the eSurfing Cloud Website User Agreement or the eSurfing Cloud Service Agreement between Party A and Party B is terminated, this Agreement will be automatically terminated.

9.2 For matters not stipulated in this Agreement, the Parties shall abide by the provisions set out in the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement. If there is any conflict on the same matter in this Agreement, and the eSurfing Cloud Website User Agreement and the eSurfing Cloud Service Agreement, this Agreement shall prevail.

9.3 Latest version of eSurfing Cloud Service Agreement can be found at: https://www.esurfingcloud.com/portal/protocol/20685742

Latest version of eSurfing Cloud Website User Agreement can be found at:

https://www.esurfingcloud.com/portal/protocol/10144340

9.4  In the event of any conflict or inconsistency between the English and the Chinese versions of this Agreement, the English version shall prevail. If there is any unclear part in the Chinese version, please refer to the English version.